1. Description of Service
This Site provides a variety of resources and information for users to find, engage and manage expert networks (the " AC Service"). The Site does not provide medical, investment or legal advice, and no attorney-client or doctor-patient relationship is created between users of the Services and AC or its licensors. This Site provides a forum for Parents to engage Experts for consultations (“Expert Services”, collectively with AC Service, the “Services”).
Use of the Site or the Services (“Use”) is provided at the sole discretion of AC, therefore, without notice or explanation, AC may modify or terminate your Use at any time, for any reason or for no reason. AC may change these policies and the fees for Services from time to time and such changes are effective immediately when posted on the Site. AC may in our sole discretion change some or all of the services at any time. Upon introduction of a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees associated with using the Services and the Site and all applicable taxes.
2. Standard Policy: No Refunds
All sales are final. AC does not provide refunds for any Services rendered, whether or not the Services were determined defective by the receiver of such Services. Notwithstanding the foregoing, AC may, but is not obligated to, investigate any claims regarding failure to provide Expert Services, and at its sole discretion, may, but is not obligated to, refuse to remit payment to Expert pending resolution of such complaint. In the event Expert in its sole discretion agrees to refund any portion of the fee for Expert Services to Parent, such refund shall not under any circumstances include any amounts paid to, or due to, AC for AC Services, including any service fees or commissions on Expert Services.
3. Content Disclaimer
Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like ("Site Content") is created and developed by Experts and provided to AC under license for dissemination over the internet ("Expert Content"). Expert Content includes, among other things, AC News Analyses, AC Education Seminars workbooks, presentations and other related materials, and Expert biographical and employment information. AC cannot guarantee and makes no representations as to the accuracy or quality of Expert Content, all of which is offered "as is." AC does not develop, endorse, and is not responsible for Expert Content. The use of a company or entity name in Expert biographical or employment information should not be construed as an express or implied endorsement by such company or entity of AC. Experts are not employees of nor under the supervision of AC. Experts have agreed to be bound by the Agreement and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in the Expert network in violation of any agreements or duties owed to employers or other third parties. AC relies on the accuracy of these representations of the Expert and does not necessarily seek independent verification.
4. Confidentiality Agreement
You agree not to disclose or attempt to use or personally benefit from any Confidential Information, defined below, you learn from the Site or Services. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own, and shall continue after termination of the Agreement.
AC uses commercially reasonable efforts to protect the security, privacy and confidentiality all information provided by the users of the non-public areas of the Site and during provision of the Expert Services (“Confidential Information”). As effective as those efforts may be, no security is impenetrable and we cannot guarantee the security of our database or your information, therefore, you are advised not to provide confidential information in any public forum and that use of the Site and Services is at your own risk.
For the avoidance of doubt, Confidential Information shall include without limitation: (i) the existence, title and description of any Expert Services; (ii) information about actual or potential business with any Parent or Expert; (iii) any other confidential information of AC, Parent or Expert, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of AC, Parent or Expert.
If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify AC and cooperate fully with AC in protecting such information from disclosure to the fullest extent possible under applicable law.
5. Intellectual Property Rights
Site Content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to AC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
6. To Report A Concern About Content On The Site
If you believe that any content on the Site is unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify the AC Legal Department at Legal Department, Aristotle Circle, Inc. 350 7th Ave, Suite 602, New York, NY 10001; tel.: (212) 360.2301.
7. Copyright Policy
AC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent by certified mail to:
Legal Department, Aristotle Circle, Inc.
350 7th Ave, Suite 602
New York, NY 10001
tel.: (212) 360.2301
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to AC at the address shown above, giving a written statement that contains:
(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
AC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
8. Disclaimer of Warranties
AC AND EXPERTS CAN NOT AND DO NOT GUARANTY THAT USE OF THE SITE OR SERVICES WILL RESULT IN ACCEPTANCE INTO ANY PARTICULAR PROGRAM, INCREASE ANY SCORES, OVERCOME ANY OBSTACLES TO ACCEPTANCE IN ANY SUCH PROGRAMS, NOR RESULT IN RECEIPT OF ANY THIRD PARTY SERVICES, OR ANY OTHER OBJECTIVE FOR WHICH PARENT SEEKS A CONSULTATION, AND NOTHING CONTAINED IN THIS SITE, THE TERMS, THE AGREEMENT NOR ANY PRIOR, CONTEMPORARY OR FUTURE ORAL OR WRITTEN STATEMENTS MADE BY AC OR EXPERTS SHALL BE SO CONSTRUED TO MAKE ANY PROMISE, COVENANT, WARRANTY OR GUARANTY, ALL OF WHICH ARE EXPLICITLY DISCLAIMED HEREBY, CONTRARY TO THE STATEMENTS AND DISCLAIMERS CONTAINED IN THIS PARAGRAPH.
THE CONTENT AND FUNCTIONALITY ON THE SITE AND THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT AC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SERVICE AND ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUS OR THIRD PARTY ATTACK. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL AC OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF AC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
As a condition of your use of this Site and Services, you agree to indemnify, defend and hold AC, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including all attorneys and expert fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; (c) your use or provision of Services, or (d) your violation of the rights of any third party.
10. Limitations of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR LOSSES, EVEN IF AC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH ANY SUCH LIABILITY IS BASED. TO THE GREATEST EXTENT PERMITTED BY LAW, THE ENTIRE AGGREGATE LIABILITY OF AC AND SOLE REMEDY AVAILABLE TO ANY USER OF THE SITE OR SERVICES (“SUBSCRIBER”) IN ANY CASE IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES SHALL BE LIMITED TO MONETARY DAMAGES THAT IN THE AGGREGATE MAY NOT EXCEED THE LESSER OF $500.00 OR THE SUM OF ANY AMOUNTS PAID BY SUBSCRIBER TO AC PURSUANT TO THE AGREEMENT DURING THE SIX MONTHS PRIOR TO NOTICE TO AC OF THE DISPUTE FOR WHICH THE REMEDY IS SOUGHT.
11. Third-Party Web Sites
AC may automatically amend the Agreement with immediate effect at any time by posting any amended terms on the Site, in the applicable section of the Agreement. Your continued use of the Site and the Service following AC’s posting of revised terms in any section of the Agreement will constitute your express acceptance of and consent to the revised Agreement.
Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. The Agreement may not be otherwise amended except in a writing signed by you and AC explicitly stating the revised terms with specific reference to the section(s) of the Agreement amended thereby.
13. Dispute Resolution; Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York with respect to all disputes arising out of or related to the Agreement. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside of the State of New York with the same force and effect as if such service had been made within the State of New York. You agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You agree that you will solely submit any controversy or claim arising out of or relating to the interpretation or performance of this Agreement (“Claim”) to binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Any such arbitration shall be in New York, New York, and shall be submitted to a single arbitrator appointed by the mutual consent of the parties or, in the absence of such consent, by application of any party to the American Arbitration Association. The arbitrator shall be authorized to apportion fees and expenses (including counsel fees and expenses), as the arbitrator shall deem appropriate. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York or the United States District Court for the Southern District of New York.